The long-awaited regulations from the Illinois Department of Labor (IDOL) governing the amendments to the Illinois Equal Pay Act (IEPA) were published, further clarifying the practical implications of obtaining an equal pay registration certificate under the IEPA. Background The 2021 amendments to Section 11 of the IEPA require businesses with at least 100 individuals employed... Continue Reading
ERISA makes clear that it governs “any plan, fund, or program … established … by an employer … for the purpose of providing [health benefits] for its participants.” 29 U.S.C. § 1002(1). Although most employee benefit plans that provide benefits to employees are governed by ERISA, some arrangements are not. The Northern District of Illinois’... Continue Reading
Employers should have a comprehensive plan regarding sexual harassment prevention in the workplace, which includes training for all employees. Under current California law, employers with five or more employees are required to provide two hours of sexual harassment prevention training to supervisors and managers and one hour of sexual harassment prevention training to non-supervisory employees. All... Continue Reading
When a district court faces a claim for benefits under ERISA Section 502(a)(1)(B) where it believes that mistakes were made, but the record is not sufficiently developed to award benefits, the court may remand the matter to the plan administrator for further administrative review. Remands such as this have been affirmed by circuit courts for... Continue Reading
A Pennsylvania court recently addressed whether a deponent could be compelled to remove a face mask during his deposition after the deponent refused, citing health concerns. After rescheduling the deposition once, plaintiff’s counsel asked the Court to order the deponent to testify maskless given that he would be doing so alone in a room with... Continue Reading…
A Pennsylvania court recently addressed whether a deponent could be compelled to remove a face mask during his deposition after the deponent refused, citing health concerns. After rescheduling the deposition once, plaintiff’s counsel asked the Court to order the deponent to testify maskless given that he would be doing so alone in a room with...… Continue Reading
With the significant increase in COVID-19 cases, the state of California has started implementing new measures to try to combat the rise. On July 26, 2021, the California Department of Public Health (CDPH) issued an order requiring covered healthcare facilities to verify the vaccination status of all workers and put mandatory testing requirements in place... Continue Reading…
With the significant increase in COVID-19 cases, the state of California has started implementing new measures to try to combat the rise. On July 26, 2021, the California Department of Public Health (CDPH) issued an order requiring covered healthcare facilities to verify the vaccination status of all workers and put mandatory testing requirements in place... Continue Reading
As COVID-19-related litigation increases, courts are being called upon to interpret the scope of employers’ duties to protect their employees with relation to the virus. Last week, a California federal judge dismissed a lawsuit brought by a spouse attempting to hold her husband’s employer liable for her COVID-19 infection. The judge held that California’s worker’s... Continue Reading
As COVID-19-related litigation increases, courts are being called upon to interpret the scope of employers’ duties to protect their employees with relation to the virus. On May 10, 2021, a California federal judge dismissed an amended complaint brought by a spouse attempting to hold her husband’s employer liable for her COVID-19 infection. The judge...… Continue Reading
